Resuming his arguments before a three-member Special Court, Anwar Mansoor Khan pleaded that the formation of the Special Court was not in accordance with law, arguing that Rules of Business were not observed during the process of constitution of a Special Bench against his client.
Khan further argued that it was the discretionary power of the government to form a Special Court and consultation with the Chief Justice was not required as he could have been informed after the formation of the Special Bench by the government.
During proceedings, Justice Faisal Arab asked if the inference was that consultation between the federal government and the Chief Justice to form a Special Bench was not mandatory.
Khan maintained that the formation of a Special Bench is the prerogative of the government and added, "Discretionary power of the government should be exercised reasonably and must ensure dispensation of justice in the spirit of the law because such power has been derived from the rule of law". He also cited a number of citations to substantiate his argument that the impartiality of the court is the primary principle in deliverance of justice.
Prosecutor Akram Shaikh contended that there was no collusion between the government and the chief justice. The hearing of matter was adjourned till Tuesday (today).